News with JC: ATF's Frame and Receiver Rule

None

Episode Transcript

(00:00):
It is that time of year whenthe leaves are changing, footballs in the
air, and we tell you whatwe want for Christmas. All that up
next live from LVPD Firearms Range andTraining Facility. This is on Target,
the latest from the firearms industry,the products and politics that affect your hobby
and liberty. This program may notbe politically correct, but it is on

(00:24):
target. Now your host, EricDelbert, good afternoon, we from i'll
Target. We're broadcasting live from thestudios of LAPD Firearms Range and Training Facility,
located at nine nine nine Triple nineat Bethel Road. I'm your host,
Eric along today in the studio withmy father, co owner Phil.
He says to my left, youknow what's an amazing thing, Jc.
He doesn't show up for all theseshows. Two things bring him to the

(00:45):
table. Donuts and when it's thattime of year when he tells us what
he wants for Christmas, it's justamazing he shows up. Yeah. Food
and Santa Yeah big yes. Andnow is there something wrong with that?
We're We're just putting it out there. We're just putting it out there,
guys. There's so much to getyou today, and it is good fun

(01:06):
stuff. So let's get started.We are the owners of LAPD Firearms Range
and Training Facility and are active inlaw enforcement. But for one hour on
Saturdays, we put together a groupof firearm experts to discuss new products in
the market, training tips, andoftentimes political topics surrounding the Second Amendment.
Our commitment, though, has alwaysbeen to bring you the facts about our
industry and help listeners and customers withsafe, responsible ownership of firearms. Guys,

(01:32):
today, I can't believe Thanksgiving isthis week? Will you get out
of your phone? Hello, We'reon Hello. I mean I was trying
to find an article that I wantto talk about. Maybe sometime before showtime
we should be looking these things up. This week is Thanksgiving? Would that
be called show prepe that a fewdays away? I know that's incredible and

(01:56):
what that means, guys, IfThanksgiving is this week, that means Black
Friday is upon us, and todaywe're gonna have some fun because after JC
gives us some news, we're gonnatalk in depth kind of a preview,
kind of like you heard it here. First, we're gonna talk about our
Black Friday specials, and guys,you know what, every year we kind
of outdo ourselves. I mean anumber of years ago. I'm gonna give

(02:20):
you a tease, A number ofyears ago we started giving guns away free.
I mean, jac, I mean, who could tell me one Black
Friday special out there that beats freeguns? Oh no, I cannot say.
We have some great ones over there. So we're gonna talk about that.
We're gonna talk in detail about that, so which you can look forward
to for Black Friday, and thenafter that. I don't know how this

(02:42):
tradition got started, probably from Paul. Paul here, We're gonna go around
the table and talk a little bitabout what we want for Christmas. And
this table is filled if you're watchingout there on Facebook, it is filled
with things that we have on ourown Christmas list. It might be a
good for you or for someone whoyou're buying for this holiday season as well.

(03:04):
We'd like to thank our sponsors,Jackson, Egress, Windows, Black
Wings Shooting Center, Rivers Edge Cutlery, CNUS Engraving and l EPD Training Facility,
all who make the show possible eachweek, joining me today in the
studio. As I mentioned, JCis to my right, Papaul's to my
left. We got to give ashout out to both Chuck and Ed both
or not here. Both have somethings going on. We need to keep

(03:24):
them both in our thoughts and prayers. We do. Hopefully we'll be back
here shortly. If you miss theshow, you can always catch the podcast
pap. Will you ever go outthere to the podcast and listen to it?
Don't? I don't know how todo that. Yeah, yeah,
you know what. It's real simple, real simple. Google podcast iTunes,
because I know you're out there oniTunes, on the phone, iTunes,

(03:46):
speaker, any place you go toget a podcast. We're there on Target
Radio show and actually while we're here, guys, and you can actually watch
it on Facebook. Two. Butwe are so close, so close for
YouTube. Go out there, hitthe subscribe button on YouTube, and we
will, we hope here in thenext couple of weeks be able to to

(04:09):
sim willcast this on YouTube. Itgives us a lot more flexibility. We're
not going to get kicked off likewe would Facebook, and so we're that
is great for us for New Year'sa great New Year's starting. Weird.
We've had so many people go outthere and do it since we've talked about
the last couple of weeks, JC, it is that time for some news.
Do you have any news? Well, there there is, there's still

(04:30):
news. There's still news we haven'ttalked about from before. But anyway,
a couple of big ones that thathappened actually this week, I think of
the report came out while our showwas going on last week. But the
Fifth Circuit Court of Appeals vacates theATF's frame and Receiver rule. This is
this is really big, not unexpectedbecause when the Bureau of Alcohol, Tobacco

(04:57):
and Firearms, the ATF had theirpistol brace rule just vacated, where you
know, the court and Federal Courtin Texas just said, look, you
know, you can't just name thingsand say that they're going to be a
NFA items National Firearms Act items,which is like a machine gun when you've
already sent letters out saying it wasokay, okay, you just changed your

(05:18):
mind. So they struck that down. Well, now the Fifth Circuit Court
of Appeals is now vacated two mainprovisions of the ATF Frame and Receiver rule,
which they said that these parts whichwere not considered firearms historically, and
now they're trying to add that tothe list of things that should be regulated

(05:41):
by the government. So when yousay vacate, does that mean it's totally
done. Well, it's vacated atthe federal the Circuit Court of Appeals vacated
it. So the next step itwas a three judge panel. They could
go to the full panel. Buthonestly, the brace rule had just fallen

(06:03):
down of matter of fact, acrossthe nation. I mean, it was
a not just locally, but theyjust said it was in violation. So
that was totally shut down. Thisfollows the same logic of the same thing,
which is the ATF is starting tomake law and change things. And
they also said, these these partswhich are like eighty percent finished receivers,

(06:26):
just a receiver. You have todrill and do all these things to you
know, manufacture it. But there'sno, no, no, that's going
to oh in parts that go inthat can be considered a firearm also,
and so that they just said thatthe ATF was trying to usurp the powers
of Congress by making de facto lawsthrough the federal rule making process. Redefining

(06:47):
what constitutes a firearm takes the poweraway from the legislative branch. And I
like that. They said, theATF is here to enforce the laws,
not to make laws. So thatwas a that was they really believe that
they were trying to act as lawmakers. And they said, you know,
the intensive person's lawmaking is the legislatureis deprived of its primary function when little

(07:10):
agencies start coming up with their own, especially true when the executive rule made
all the citizens felons criminals. Imean, so we're talking felon. Is
that some some bureaucrats someplace can say, hey, I think we want it
this way. We're going to avoidCongress. We'll just make it. And
guess what, twenty four million peopleare Now this huge meant another thing that
falls. It's big. I mean, it is something that we should all

(07:35):
be celebrating here. And you knowit's not to say if things go through
the normal channels, so then youhave to abide by it. But we
all knew that this was crazy.On how these things came about, truly
crazy. And I said, onceagain, the court reminded the ATF it
couldnot make laws, no matter whatthe president wants them to do. And
it's truly a rebuke of the Bidenadministration's strategy, which they said, you

(07:58):
know, it's to appease these antigun groups made significant donations to the Biden
campaigns, and this is what theywant. So so they run it up
a flagpole. Thank goodness, nobodysaluted from the great Legislature. Good news,
good news. Well another one thatcould that as far as the case
goes, some people think good bad. But anyway, federal judge, Federal

(08:18):
District Judge John Milton Young handed thisdown just this is Tuesday, that DUIs
can't result in a lifetime gun band. So just because you've had a history
of drunk driving is not good enoughreason to permanently by someone from owning a
firearm. You know, people getintoxicated, but guess what, in the

(08:43):
morning, you're not so uh.You know when when you mentioned this story
to me, I'm thinking, what, Okay, having a d UI was
never a prohibitor, but you mentionedokay, if you have enough of them.
And he rises to the uh,the felony level. That's where this
comes into plats with this this caseand and uh he just appealed it.
It all started in case stems froma two thousand and five so we're talking

(09:05):
some time ago conviction of driving whileintoxicated and that conviction was considered a misdemeanor
under Pennsylvania law. It was amister Williams that was involved in that,
but it was enhanced because of aprevious conviction. He'd had five years earlier
with a DUI and because of Pennsylvanialaw, well, he had a previous

(09:26):
one, went the program and theydidn't do anything with that one. They
just said, hey, you'll goto a diversionary program and we won't do
anything. Well, now five yearslater he was arrested for DUI and they
said, well, this advances itto a felony. He actually qualified under
federal law as a felony as restrictingdrunk gun possessions. But he never served

(09:48):
a time in jail. He wassentenced to house arrest for ninety days and
paid a fifteen hundred dollars fine.But now he went to purchase a firearm
and they went, oh, no, you know you're a fellow in,
you can't have one. I waslike, wait a minute, Uh,
you know that was years ago,and you know this is this isn't right.
So the court found that the government, uh, there just wasn't enough

(10:11):
in having a DUI that would preventstripping somebody of their constitutional rights and to
to you know, possess a firearm. So anyway, so that was kind
of a big ruling. Not drinkingand driving. You know, it's not
good. That was you know,that's not a good thing. But the
fact is, you know, yearsand years and years go by, nothing's

(10:33):
happened, and now they come andsay, no, you can't own a
firearm to protect yourself. So sothat was a that was a big one.
So good anything else there as Ithink you got time for maybe one
week. We had a question someonesaid, what about that they've been hearing
about glocks, which is well,there was an article in the paper this
week on the Dispatch that was talkingabout the increase in juvenile committee murder.

(11:00):
I mean, it's just just wasthe Dispatch just a few days ago,
back on the sixteenth. In twentytwenty two, twenty five teens were charged
with committing murder or aggravated aggravated murderin Franklin County. I mean, when
you think about this, they said, in the past, it's always been
like single digits. You know,five murders were committed by teens, and

(11:24):
in twenty nineteen seven and twenty twentyone. But in twenty twenty two there
were twenty three juveniles committed murder reggravatedmurder, and up till November we have
two months ago they're twenty have committedat this time. So this is really
becoming concerning because it seems to beyou know, more prevalent. In addition

(11:46):
to that. Along with that,that's the murders, but one hundred between
twenty twenty two. In September twentythree, one hundred and eighty juveniles we're
been charged with carry a concealed weaponand one hundred and sixty nine charged with
the improper handling of a firearm ina vehicle. Yeah, they're juveniles,
are not entitled to where they getthe firearm. They never look at that

(12:09):
part of the never And the realquestion here is they're charged, but how
long before they let them right outand they That's where we need these guys
to take into And you know whatI mean, I'm glad the Dispatch is
bringing us to everyone's attention. We'vebeen saying it for a year, come
on, and it has getting sometrack. It is getting some traction as
well with local media. But guys, we've been saying this for a year.

(12:30):
It's the statement of the obvious.We need to do something about these
rather than I mean. And thenthat Dispatch article it even says something like
stolen cars didn't meet the point systemto hold them, you know, And
that's what we've been saying. That'sjust geez. Yeah, they did what
five and seventy one stolen cars lastyear, juveniles, I mean, I
know, and that's not enough todo it right? Guys, who got

(12:52):
to jump to a break and wecome back. We're going to talk black
from Man. We have so manygood deals. You're not gonna want to
miss this. It's a little bitof a pre you to Black Party specials.
Wrong Target broadcasting live from the studiosof LAPD Firearms and Range. We'll
be back right after the break.